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KILDARE COUNTY COUNCIL

 

Minutes of Monthly Meeting
held at 2.00 p.m. on Monday, 30 May 2011 at
Áras Chill Dara, Devoy Park, Naas, Co Kildare

 

Members Present:  Councillor B Weld (Mayor); Councillor S Griffin (Deputy Mayor); Councillors F Brett, F Browne, K Byrne, W Callaghan, R Daly, L Doyle, S Doyle, I Keatley, P Kennedy, S Langan, A Larkin, P MacNamara, P McEvoy, J McGinley, M Miley,  M Nolan, T O'Donnell, F O'Loughlin, C Purcell, D Scully and M Wall.

Apologies:                Councillors F O’Rourke and S Moore.

Also Present:           Mr M Malone, County Manager, Messrs E O’Sullivan, J Boland, J Lahart (Director of Services), M O’Leary and A Crofton (A/Directors of Services), A Aspell (Meetings Administrator) and other officials.

 

_________________________ 

 

1/0511

Confirmation of Minutes

 

The council considered the minutes of the monthly meeting held on 18 April 2011 and special meeting held on 4 April 2011, together with the progress report.

 

Councillor Miley requested an amendment to the minutes of the special meeting held on 4 April 2011 regarding the adoption of the Kildare County Development Plan, which should indicate the voting as 18 votes to 3.

 

Resolved on the proposal of Councillor Purcell, seconded by Councillor Langan, that the minutes of the monthly meeting held on 18 April 2011 and special meeting held on 4 April 2011, subject to amendment, be confirmed and taken as read.

Councillor McGinley requested hard copies of notice of meetings that were not included in the meetings calendar.  The meetings administrator confirmed that she would notify all departments of this request.

 

 2/0511

Committee Minutes

 

The Council considered the committee minutes which had been circulated with the agenda.

 

Athy –  21 March 2011 and 11 April 2011

Celbridge – 18 March 2011 and 15 April 2011

Clane – 8 March 2011 and 12 April 2011

Kildare – 19 January 2011, 16 March 2011 and 20 April 2011

Naas – 15 March 2011 and 19 April 2011

 

Resolved on the proposal of Councillor Kennedy, seconded by Councillor Wall, that the minutes be noted.

 

 

3/0511

Disposal of Land

 

1 acre approximately at Rathangan Industrial Estate, Rathangan, Co Kildare.

The Council considered statutory notice dated 29 April 2011 which had been circulated to members pursuant to section 183 of the Local Government Act 2001 signifying intent to dispose of 1 acre approximately of the council’s land at Rathangan Industrial Estate to Mr William Doyle in consideration of payment of €126,973.00.

 

Resolved on the proposal of Councillor O’Loughlin, seconded by Councillor S Doyle, that pursuant to Section 183 of the Local Government Act 2001 that the Council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

 

450m x 3m at Ballygoran Reservoir, Ballygoran, Co Kildare

The Council considered statutory notice dated 11 May 2011 which had been circulated to members pursuant to section 183 of the Local Government Act 2001 signifying intent to grant of easement of 450m x 3m of the council’s land at Ballygoran Reservoir, Ballygoran to Electricity Supply Board in consideration of payment of €1.00.


 

Resolved on the proposal of Councillor O’Loughlin, seconded by Councillor S Doyle, that pursuant to Section 183 of the Local Government Act 2001 that the Council consent to grant of easement of the land in accordance with the terms set out in the statutory notice.

 

64 Thornhill Gardens, Celbridge, Co Kildare

The Council considered statutory notice dated 16 May 2011 which had been circulated to members pursuant to section 183 of the Local Government Act 2001 signifying intent to dispose of 64 Thornhill Gardens, Celbridge, to Mr Eric Mooney in consideration of the current value of rented equity (up to date in line with inflation) at the date of redemption of the 20 December 2004.  This property was purchased under the Shared Ownership Scheme.

 

Resolved on the proposal of Councillor O’Loughlin, seconded by Councillor S Doyle, that pursuant to Section 183 of the Local Government Act 2001 that the Council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

 

 

4/0511

Material Contravention of the Kildare County Development Plan 2011- 2017

 

The Council noted that a planning application from Future Pigs Limited (register no 10/0846) would, if successful, result in a material contravention of the Kildare County Development Plan 2011–2017.

 

The development would consist of (a) to modify the existing entrance to improve sightlines and (b) to increase the quantity of imported organic biomass to 23,000 tonnes from that granted in planning reference number 09/1058 at Gorteen Lower, Nurney, Co Kildare.  The application is accompanied by an Environmental Impact Statement. The development would contravene materially Section 10.5.1, Policy RRD 11 of the Kildare County Development Plan 2011–2017 which states:  “RRD 11: Apart from rural housing as provided for in Chapter 4, there are other land uses which may be considered in the rural countryside.  Where an area is not within an identifiable settlement, and is not otherwise zoned as part of this Plan, or of any of the town development plans, the use of such land shall be deemed to be primarily agricultural.”

 

The Council also considered a report dated 27 May 2011 from the County Manager, which had been circulated to the members.  Ms Brangan, Senior Executive Planner, outlined the salient points contained in the report.

 

The members discussed the application indicating that the use was well established and that it would give additional employment to the area.  Councillor McEvoy sought clarification on the control of waste imported on site and Ms Brangan confirmed that the conditions of the planning permission would control this.  Councillor S Doyle recommend that the Planning Strategic Policy Committee look at developing a policy document regarding the processing of this type of development for the future and all members present agreed to this recommendation.

.

Resolved on the proposal of Councillor Browne, seconded by Councillor Keatley, with all 23 members present voting in favour, that a decision to grant planning permission be made in this case and that for that purpose the council consent to a material contravention of the Kildare County Development Plan 2011–2017.

 

 

5/0511

Forward Planning Programme 2011

 

Ms Sweeney, Senior Executive Planner, presented the Forward Planning Programme 2011 to the meeting.  The members discussed the programme and welcomed the merit of having a 10 year plan, but expressed concern that towns with a population of less than 5,000 would no longer automatically have an individual Local Area Plan.  The members also sought clarification on making a variation of the County Development Plan 2011–2017, which had only recently been adopted.  The members felt that had they been aware of this change in legislation they would have looked more closely at specific towns that will now come below the thresholds.  Ms Sweeney replied to the members indicating that the thresholds were stipulated in the Planning and Development (Amendment) Act 2010.  She also indicated that a variation of the County Development Plan can be done at any time and would be subject to public consultation etc.  Councillor O'Donnell raised the issue as to whether downzoning or other issues could be considered in the context of the proposed variation of the County Development Plan or the plans subject to amendment. It was advised that legal opinion would be required in order to advise on any implications arising from a downzoning.

Agreement was reached that the Manager would obtain the necessary legal opinion which would go before the Corporate Policy Group.  

 

The members agreed to proceed with Phase I of the proposed Forward Planning Work Programme.

 

Resolved on the proposal of Councillor S Doyle, seconded by Councillor O’Loughlin, that Phase I of the Forward Planning Programme 2011 would proceed.

 

 

6/0511

Planning and Development Act 2001,

 Planning and Development Regulations 2001–2009 – Part VIII.

Ardclough Flood Alleviation Scheme.

 

Mr Dunney, Senior Executive Engineer, presented report on the Ardclough Flood Alleviation Scheme.  He indicated that the objective of the scheme is to reduce the frequency and severity of flooding in the Ardclough area and that this would be achieved through the implementation of an appropriate scope of works that will eliminate identified deficiencies in the existing surface water drainage system.  The members welcomed the scheme.

 

Resolved on the proposal of Councillor Byrne, seconded by Councillor Purcell, with all members in favour, that in accordance with the Planning and Development Act 2000 and the Planning and Development Regulations 2001 – 2009, the Part VIII proposal for Ardclough Flood Alleviation Scheme be agreed.

 

 

7/0511

Housing Allocation Scheme

 

Ms Crofton presented a report that had been circulated to the members in relation to the Draft Housing Allocation Scheme in accordance with the provisions of the Housing (Miscellaneous Provision) Act 2009 and outlined the salient points contained therein.  The members discussed the report and noted that it had been recommended by the Housing Strategic Policy Committee.  The members sought clarification on some aspects of the scheme and Ms Crofton and Mr Perry outlined the position with the scheme. 


Councillor S Doyle referred to the previous practice of consultation with the elected members in allocating houses and requested this practice be re-introduced.  Mr Perry agreed to review this matter.

 

Resolved on the proposal of Councillor S Doyle, seconded by Councillor L Doyle, and agreed by all the members present, that the Draft Housing Allocation Scheme be adopted.

 

 

 

8/0511

Annual Report 2010

 

The administrator referred to the Annual Report 2010 that had been circulated to the members for consideration.

 

Resolved that the Annual Report 2010 be noted.

 

 

9/0511

To fix date for Annual Meeting

 

The members agreed to hold the annual meeting on Friday, 24 June 2011 at 2.00 p.m.

 

The County Manager advised the members that at 12 noon on the 24 June 2011, Kildare County Council will officially unveil the Lantern Building and a 25 Pounder Gun secured from the Defence Forces, which reflects the history of the Devoy Barracks. 

 

 

10/0511

Kildare GAA’s Strategic Plan 2010–2015

 

The Mayor welcomed John McMahon, County Chairman, Marty McEvoy, Kildare’s Ard Chomairle delegate, Alan Dunney, Kildare Coaching Officer and Noel Mooney, Kildare Games Development Manager to the meeting.

 

Mr McMahon thanked the Mayor and members for the opportunity to introduce the Strategic Vision and Action Plan 2011–2014, with special focus on the development of gaelic games in County Kildare.  Mr McMahon conveyed the apologies of Christy Cooney, Uachtaran Chumann Luthcleas Gael who could not attend the presentation.  He indicated that a massive emphasis was placed on the development of young people through teamwork and through games and acknowledged work undertaken by volunteers, without which the GAA would not meet the social and sporting needs of the county.  

 

The Mayor, members and Manager thanked the representatives for the presentation of the Strategic Vision and Action Plan 2010–2014, for their dedication and contribution to the GAA and wished continued success for County Kildare in the future.

 

 

11/0511

Mayor’s Business

 

The Mayor congratulated Ms Mary Ann O’Brien on her recent appointment to the Senate.  Ms O’Brien is a member of Kildare County Council’s Audit Committee.

 

The Mayor proposed that Appropriate Assessment Training would be arranged for members and it was agreed that this would be discussed at the next Corporate Policy Group meeting.

 

Councillor O’Loughlin referred to the recent visit by Queen Elizabeth to Ireland and acknowledged the positive impact that her visit to county Kildare had made.  The Mayor confirmed that he had been present at the National Stud and the Convention Centre during her visit.  They Mayor also acknowledged the recent visit to Ireland by President Obama.

 

The members expressed their sympathy on the recent death of former Taoiseach, Garrett Fitzgerald.

 

 

12/0511

County Manager’s Business

 

The Manager confirmed that additional funding of €1,711,600 m had been secured under the Restoration Improvement Programme and would be included in the Roads Works Programme 2011.

 

The Manager presented the Budgetary Reports for the 3 months ended 31 March 2011 and advised members that any queries they have would be addressed by the Head of Finance.

 

 

13/0511

Votes of Sympathy

 

The Mayor and members expressed sympathy with the following:

 

Mrs May Ann Coss, mother of Betty Lalor, NRDO Office, Maudlins

Mrs Eileen Kelly, mother of Mary Kelly, Motor Tax

Mr Sean Hickey, father of Paul Hickey, Water Services

Corporal Jim Moore, husband of Kathryn Dargan-Moore, Central Fire Station

Mr Terry Mahon, Environment Section

 

14/0511

Conferences

 

3–5 June 2011

Local Government can make a difference

Mill Park Hotel, The Mullins, Donegal

Approximate cost per delegate: €825

 

10–12 June 2011

Indemnity from Liability of Decisions of the Corporate Body

The Kingsvalley Hotel, Merlin Park, Galway

Approximate cost per delegate: €700

 

13-17 June 2011

Reviewing Local Democracy through Civic Engagement

Department of Politics and Public Administration, Limerick

Approximate cost per delegate: €1,000

 

16 June 2011

Bioenergy 2011

EPA Headquaters, Johnstown Castle, Wexford

Approximate cost per delegate: €350

 

17-18 June 2011

European Union Funding and Functions

Celtic Ross Hotel, Rosscarbery, Cork

Approximate cost per delegate: €950

 

23-25 June 2011

Suicide – A Crisis in Need of Support

The City North Hotel, Gormanstown, Co Meath

Approximate cost per delegate: €500

 

24-26 June 2011

A practicable guide to influencing productivity and improving performance

Carracourt Hotel, Westport, Co Mayo

Approximate cost per delegate: €900

 

24-26 June 2011

Sport in Irish History and Society

In association with Wexford County Council, CBS School, Gorey, Co Wexford

Approximate cost per delegate: €550

 

30 June – 3 July 2011

Irish Drama in times of Crisis

Synge Summer School, Rathdrum, Co Wicklow

Approximate cost per delegate: €800

 

24–29 July 2011

Transforming Ireland 2011 – 2016, The First 100 days, The Next 5 years

Glenties, Co Donegal

Approximate cost per delegate: €1,000

 

 

15/0511

Correspondence

 

The administrator referred to letter from the Department of Environment, Community and Local Government which had been circulated to the members regarding the nomination of candidates for President.  She advised that until such time as a presidential election order has been made, no nomination process can begin.

 

 

16/0511

Special Council Meetings

 

The council considered the following from the Protocol Committee:

To consider recommendation of Protocol Committee in relation to the holding of special meetings of council as set out in minutes of meeting held on 18 April 2011

 

Mr O’Sullivan advised the members on the proposal of the Protocol Committee that special meetings be held only in the afternoon, with a start time of not earlier than 2pm and, where possible, the start time to be later in the afternoon.  Group Leaders to be consulted by the Executive in advance of setting a date for a special meeting of the Council.

 

Resolved on the proposal of Councillor Griffin, seconded by Councillor Keatley, and agreed by all members present, that special meetings be held only in the afternoon, with a start time of not earlier than 2pm and, where possible, the start time to be later in the afternoon.

 

 

17/0511

Ballymore Eustace Community Grants Scheme

 

The council considered the following from the Athy and Naas Area Committees:

To approve grants under Ballymore Eustace Community Grants Scheme.

The members noted a report, which had been circulated, outlining the grants recommended for approval.

Resolved by all members present that the grants recommended under the Ballymore Eustace Community Grants Scheme be approved.

 

 

18/0511

Arthurstown Landfill Community Grants Scheme

 

The council considered the following from the Naas Area Committee:

To approve grants under Arthurstown Community Grants Scheme.

The members noted a report, which had been circulated, outlining the grants recommended for approval.

Resolved by all members present that the grants recommended under the Arthurstown Community Grants Scheme be approved.

 

 

19/0511

Drehid Community Grants Scheme

 

The council considered the following from the Clane Area Committee:

To approve grants under Drehid Community Grants Scheme.

The members noted a report, which had been circulated, outlining the grants recommended for approval.

Resolved by all members present that the grants recommended under the Drehid Community Grants Scheme be approved.

 

 

20/0511

Eurovision Song Contest

The Council considered the following motion in the name of Councillor O’Donnell:

That Kildare County Council congratulates John and Edward Grimes on their excellent performance at this years Eurovision Song Contest.

Councillor O’Donnell acknowledged the achievement of John and Edward Grimes on their recent performance in the Eurovision Song Contest and outlined that they had family connections with Rathangan.

 

 

21/0511

Water Harvesting and Conservation Measures

The Council considered the following motion in the names of Councillors McEvoy, Kennedy, Moore and Larkin:

That Kildare County Council explore the possibility to discount the development levy cost for properties where water harvesting and water conservation measures (use of rainwater, greywater re-use, dual-supply plumbing etc) are designed to minimise intake from the public water network.  Such a scheme would stimulate innovative solutions to help offset shortages forecast for the regional water supplies.

 

The administrator presented a report to the members.  Councillor McEvoy indicated that imposing a mandatory condition on planning permissions granted to all homes would be an alternative way to encourage water conservation.  The members expressed their agreement that this would be a positive initiative, that the policy should not be applied indiscriminately and a policy having regard to cost and practicality should be put in place by the Council. 

Councillor Brett sought clarification on the possibility of making grease traps mandatory on all appropriate applications granted.

 

Resolved on the proposal of Councillor McEvoy, seconded by Councillor Brett, that it would be beneficial that all appropriate applications aspire to include conditions for water harvesting and installation of grease traps.

 

 

22/0511

Road Safety Awareness – Equine Sector

 

The Council considered the following motion in the names of Councillors McEvoy, Kennedy, Moore and Larkin:

That Kildare County Council consider opportunities to broaden driver road-safety awareness of caution required with horses and riders on public roads. Given the County's association with the equine sectors, it may be better placed to research and help deliver a message to reduce risk to both riders and vehicle users.

 

The administrator presented a report to the members indicating that the process of introducing this campaign in Kildare had recently begun and is included in the Road Safety Calendar of Events for 2011.  The members noted the report and felt it was important that Kildare County Council raise awareness, where possible, and to consider erection of more signage.  It was noted that the Road Safety Officer is in the process of linking with the Association of Irish Riding Clubs to highlight the safety issues involved.

 

Resolved that the report be noted.

 

 

The meeting concluded.